Police Disciplinary Tribunal
| Tribunal rules | Police Act 1996 |
| Code of Standards, etc |
The
Police (Conduct) Regulations 1999 The Home Office Guidance on Police unsatisfactory performance, Complaints and Misconduct Procedures There are unpublished guides for officers |
| Grounds for disciplinary proceedings | Any offence in the Code of Conduct |
| Powers of administrative suspension? | Yes |
| Settlement/conciliation procedures available? | No, but in minor cases the office can receive either a warning or ‘words of advice’. |
| Who investigates? |
The Chief Officer may direct withdrawal of
a charge but only with the leave of the
Police Complaints Authority where there has
been a complaint The investigating officer (of at least the rank of Chief Inspector) from outside the sub-division or branch of the accused |
| Power of entry/search and seizure? | No, but failure to co-operate can amount to misconduct |
| Power to demand information? | As above |
| Pre-trial hearing? | No, save in exceptional circumstances |
| Discovery of documents? | Statements and exhibits obtained during the course of an investigation are served on the accused prior to the hearing |
| Pleadings? | No |
| Tribunal | Police Disciplinary Tribunal |
| Address | Local |
| Legally qualified chairman? | No |
| Tribunal includes lay element? | No |
| Tribunal has legal assessor/clerk? | No clerk. There is a rarely used power to use a legal assessor |
| Evidence heard on oath? | No. Witnesses are reminded of the importance of the need for telling the truth |
| Prosecution usually conducted in name of | The Presenting Officer |
| Prosecution conducted by barrister | Usually an external solicitor or barrister |
| Judicial rules of evidence apply? | The Tribunal is not bound by judicial rules of evidence, but is cautioned by Home guidance to take care with hearsay |
| Standard of proof | The balance of probabilities |
| Maximum fine | Not more than such that, if recovered by deductions from pay over a 13-week period would not exceed one seventh of pay |
| Costs against prosecutor? | No |
| Power to order compensation? | No |
| Proceedings open to public? | No, but the Tribunal chairman has a discretion to admit any member of the PCA, any member of the police force. In addition a complainant who is a member of the public may be allowed in while witnesses are being examined or cross-examined, but only at the conclusion of his/her evidence |
| Reasons given for decisions? | Orally (transcripts) |
| Published sentencing guidelines | No |
| Where are decisions reported? | Not reported |
| Alternative to full disciplinary proceedings? | No |
| Ombudsman | No |
| Appellate tribunal | An internal appeal – The Police Appeals Tribunals Rules 1999 |
| Is right of appeal limited? | Evidence can be called only in prescribed circumstances (oral evidence on oath) |
| Costs against prosecutor? | No |
| Right of appeal to prosecutor? | No, except by way of judicial review |
Categories: Examples of disciplinary codes